Filing taxes separately - how to explain USCIS that it makes more sense?

[MilitaryWife2010 0]

I'm still in school (for now in community college), and I will be transferring to a private school next year (Ivy League).

I used their FinAid calculator to estimate how much federal aid I will get if I'm married filing separately, or married filing jointly.

the difference is HUGE!

The cost of attendance is $52,000/year

If married filing jointly - I get $11,000 financial aid.

If married filing separately - I get $48,000 financial aid.

It's stupid for me to file jointly simply to prove USCIS that our marriage is legal. Anyone with me on this?

Will that be a good reason why I'm not going to file jointly, since I heard they consider it to be the best evidence of bonafide marriage?

His salary is not that much higher than mine (I get 30k, he will get 40k this year since he's deployed in Afghanistan), but the fact that we file jointly and EFC (expected family contribution) is MUCH AND MUCH higher. He's saving money to start our family business in a few years, so this money can't be taken into account anyway. We had a few arguments about it with my husband, since he doesn't believe in the best education as much as I do, he hasn't gone to college and is not planning to. But it IS extremely important for me, whereas he only wants to just own a business as a family, that way he's saying I won't have to worry about education...

What to do???

[DaniG 3]

It's hard to believe they will up your financial aid just because you filed separately, especially in these times when money is tight for everyone... Maybe they have additional requirements, such as being able to show separate residences, or even being legally separated as well. I would talk to a financial aid advisor in the university to make sure that you really derive any benefit from filing separately. Because otherwise you might just end up paying more taxes and still not get the aid!

Edited April 28, 2010 by DaniG

[LIFE'SJOURNEY 970]

^^ agreed... You can file your taxes as married separate, but if you claim single this will be a problem.

[milimelo 4,541]

If he won't go to college, see if you can use his GI Bill - you said he was in Afghanistan? Spouses and children can also use it.

[MilitaryWife2010 0]

no I'm not going to file as "single", just "married but filing separately"

Yea I guess i need to talk to the councelors...

I read on another forum that a few people had to file separately to get FinAid in general, because when you're married filing jointly, they consider it as a family contribution, which they assume will be a big chunk.

If he won't go to college, see if you can use his GI Bill - you said he was in Afghanistan? Spouses and children can also use it.

[LT.Nora 7]

no I'm not going to file as "single", just "married but filing separately"

Yea I guess i need to talk to the councelors...

I read on another forum that a few people had to file separately to get FinAid in general, because when you're married filing jointly, they consider it as a family contribution, which they assume will be a big chunk.

I always said and will keep saying that it is not USCIS business to tell you to file "joint" with your husband. If it makes more sense to file "married filing separately" you should do so. You just need to make sure that your spouse and you have the same address on both tax returns.

Obviously if "joint" tax returns would be your only proof of real marriage, so yes, maybe it isn't the best thing to file separately then. But if you have other proof such as joint bank accounts, insurance, bills, car titles etc., tax filing status should not be USCIS concern.

Good Luck!

[MilitaryWife2010 0]

I always said and will keep saying that it is not USCIS business to tell you to file "joint" with your husband. If it makes more sense to file "married filing separately" you should do so. You just need to make sure that your spouse and you have the same address on both tax returns.

Obviously if "joint" tax returns would be your only proof of real marriage, so yes, maybe it isn't the best thing to file separately then. But if you have other proof such as joint bank accounts, insurance, bills, car titles etc., tax filing status should not be USCIS concern.

Good Luck!

^ THank you! That's what I think, too. It's just not making sense for me to lose so much on financial aid that I TRULY need simply because of their weird family contribution calculations...

[Brother Hesekiel 2,236]

Saving $81,000.00 is a very good reason to file separately.

You said you would file separately yet married. To the best of my knowledge (having a daughter in college), the financial aid depends on the household's income. My daughter is a dependent, and if you are married living together with your husband in one household, I have trouble to believe that you would get the financial aid you are hoping for.

What you can't do is file separately as single or separated. Not only would that be the kiss of death for your immigration, it would also get Uncle Sam's bloodhounds looking for you.

Better make sure you weren't Miss Informed. I actually believe so.

Edited April 28, 2010 by Just Bob

[GabiandVi 34]

I've filed married separately since we married five years ago because it was easier that way.

Also, when my sister was going DCF for her husband, her accountant told her to go that way because she hadn't filed in all the time she was living abroad and needed to file for the petition/application fairly quickly, but her husband didn't have a SSN or ITIN, etc. She was told to write, "Applying for" in his SSN. That's what I've been doing.